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(영문) 청주지방법원 2017.08.22 2015가단18312
소유권확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. It is written that C received the circumstances on July 24, 1912, in a unregistered state in the area of 883 square meters (hereinafter “instant land”) before Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongbuk-gun (hereinafter “instant land”).

B. Meanwhile, on the grounds of sale on July 20, 1921, the registration of ownership transfer was made under the name of Dong E with respect to the area of 975 square meters in Chungcheongnam-gun, Chungcheongbuk-gun on the ground of sale on July 20, 1921. The registration of ownership transfer was made on the ground of donation on March 1, 1995 in the name of F (the deceased E, G and Plaintiff’s son) on the ground of donation on March 1, 1995, and the registration of ownership transfer was made on December 7, 2010 in H’s name on the ground of sale on December 7, 2010.

C. G (Death on December 8, 2001) paid local taxes on the instant land from around 2000 to the network E’s south, and G or its wife from around 200 to the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6

2. The plaintiff's assertion

A. On July 20, 1921, the network E purchased the above D land, which is the land adjacent thereto, and only the above D land was completed the registration of ownership transfer, and only the above D land was succeeded to the network E or his possession in succession from that time to the present, and the Plaintiff was cultivated while occupying the land in peace and public performance with the intent to own it. As such, the network E has the right to claim for the registration of ownership transfer of the instant land based on the sales contract with C, and on July 19, 1941, for which 20 years have passed from the date of possession, the right to claim for the registration of ownership transfer due to the completion of the acquisition by prescription.

B. The instant land is merely indicated in the land cadastre, which is the name of C, and omitted personal information such as address. As such, C cannot make a registration of preservation of ownership solely on the above land cadastre, and thus, in order to make registration of preservation of ownership in its name, there is a benefit to seek confirmation against the State that the instant land is owned by C.

C. The plaintiff who inherited the deceased E's above right to claim for ownership transfer registration in sequence C.

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